I-864 - New Requirements + New forms

ari4u

Registered Users (C)
USCIS FINAL RULE REGARDING AFFIDAVITS OF SUPPORT: June 21, 2006



New forms added...
I-864EZ
You may use Form I-864EZ IF ALL the following conditions apply:

1. You are the person who filed or is filing the Form I-130,Petition for Alien Relative, for a relative being sponsored;
2.The relative you are sponsoring is the only person listed onthe Form I-130 petition;
3.The income you are using to qualify is based entirely onyour salary or pension and is shown on one or more FormsW-2 provided by your employer(s) or former employer(s).



I-864W
Use this form if you are EXEMPT from filing I-864 Affidavit of Support due to any of the following reasons
1. have earned (or can be credited with) 40 quarters (credits) of coverage under the SocialSecurity Act (SSA). (Attach SSA earnings statements. Do not count any quarters duringwhich you received a means-tested public benefit.)
2. are under 18, unmarried, immigrating as the child of a U.S. citizen, and will automaticallybecome a U.S. citizen under the Child Citizenship Act of 2000 upon my admission to theUnited States.
3. are filing for an immigrant visa or adjustment of status as a self-petitioning widow(er)using Form I-360.
4. filing for an immigrant visa or adjustment of status as a battered spouse or child usingForm I-360.
 
we mailed forms on 06/21/06. Therefore didn't look at this new form. Does it mean we might get RFE for this... we were so careful in filling forms just not to get RFE..But now just ontime, they changed the form...
 
If your ND is before the date the memo was published, you might be cut some slack. Eitherways, be prepared with the docs needed just in case you get an RFE.
 
the new RULE AS linked above said:
This final rule takes effect July 21, 2006. It will apply to any application for an immigrant visa or adjustment of status that is decided on or after July 21, 2006 even if the case was filed before July 21, 2006.

I interpret that to say : get your rear in gear and send in any additional ifo you might not have included that is asked for in the new form. That will probably help you avoid the RFE.
 
someitguy said:
I interpret that to say : get your rear in gear and send in any additional ifo you might not have included that is asked for in the new form. That will probably help you avoid the RFE.

I dont agree with your suggestion. Additional documents sent to NBC without the RFE letter will be considered as unsolicited mail and you where where it will end up. If it was me, i would wait for the RFE letter and send it back right away with the requested evidence.
 
Ari4u,
If i understand well, the petitional fills the new form I-864EZ even if they do not meet the income requirements, but meets the eligibility requirement fo filling the form I-184EZ, and the co-sponsors fills out the old form I-184, Please correct me if i'm wrong. A family friend of ours is about sending his form and wants me to put him through.
 
Cool, from what I see, I qualify to use a I-864EZ. I just received the bill for I-864 processing this past Monday, June 26th and sent it back the next day, do you suppose I am going to receive an I-864 or an I-864EZ from them to fill out?
 
justnew said:
Ari4u,
If i understand well, the petitional fills the new form I-864EZ even if they do not meet the income requirements, but meets the eligibility requirement fo filling the form I-184EZ, and the co-sponsors fills out the old form I-184, Please correct me if i'm wrong. A family friend of ours is about sending his form and wants me to put him through.

In this case, i dont think the I-864EZ should be used as the petitioner is unable to meet the income requirements and hence is not eligible to use I-864EZ.

I-864 is the correct form for the sponsor and joint sponsor.
 
The USCIS site say's....'Form I-864EZ (OMB No. 1615-0075 Expires 9/30/06) is a shorter version of Form I-864 designed for cases that meet certain criteria. Form I-864 or Form I-864EZis legally required for many family-based immigrants to showthat the intending immigrant has adequate means of financialsupport and is unlikely to become a public charge.'

The I- 864 is still the main document since it has to be sworned and attested by the notary.I -864EZ is the easy ( EZ) way out.

I would interpret.. that in case a person met the "right criteria"...which IMHO is the financial cut off level...then he/she could fill the 864 EZ and avoid the Notary.
 
What happens if you filed Old form?

ari4u said:
USCIS FINAL RULE REGARDING AFFIDAVITS OF SUPPORT: June 21, 2006



New forms added...
I-864EZ
You may use Form I-864EZ IF ALL the following conditions apply:

1. You are the person who filed or is filing the Form I-130,Petition for Alien Relative, for a relative being sponsored;
2.The relative you are sponsoring is the only person listed onthe Form I-130 petition;
3.The income you are using to qualify is based entirely onyour salary or pension and is shown on one or more FormsW-2 provided by your employer(s) or former employer(s).



I-864W
Use this form if you are EXEMPT from filing I-864 Affidavit of Support due to any of the following reasons
1. have earned (or can be credited with) 40 quarters (credits) of coverage under the SocialSecurity Act (SSA). (Attach SSA earnings statements. Do not count any quarters duringwhich you received a means-tested public benefit.)
2. are under 18, unmarried, immigrating as the child of a U.S. citizen, and will automaticallybecome a U.S. citizen under the Child Citizenship Act of 2000 upon my admission to theUnited States.
3. are filing for an immigrant visa or adjustment of status as a self-petitioning widow(er)using Form I-360.
4. filing for an immigrant visa or adjustment of status as a battered spouse or child usingForm I-360.


I want to know if I have given every evidence they asked for. Employer letter, Pay stub, Income tax return etc. But the form I filled was old on June 29th. What will happen?

If I qualify for 864EZ, do I have to file EZ or I can file older version of I-864?

Please explain
 
USCIS published a Q&A about the new forms at www.uscis.gov/graphics/publicaffairs/questsans/AffSupp_062106QA.pdf

From this document:

"Q. If I have already submitted an old version of Form I-864, do I now need to submit a new Form I-864?
A. No. If you submitted an old version of Form I-864, you should not submit a new Form I-864."

So you don't have to file a new form. But I think if you have your interview after July 21st then you should bring the supporting documents for the new forms with you.

There is also a grace period for the old forms:

"USCIS will continue to accept old versions of the Form I-864, but only until October 19, 2006, a grace period of 90 days from July 21, 2006"
 
Good to hear this

Hello,

Thanks raduilie,

I feel much better now. I was thinking that I just filled and this new form came out right away. It was a sign of bad luck but I guess I am alright.

You know anything can happen with USCIS, I have been dealing with them for last 5 years now...
 
Air4u,
I got a question for I864 form, pls take a look and give us a hand.

I am a USC, and my husband is on H-1b now. He has been working full-time in the U.S. for eight months (from last November), and the employment with this company is secured. I worked a whole year of last calender year but currently not working. As we reasearched, the 125% of HHS POVERTY line is 13200*125%=16500, my income of the last calender year can not meet the income requirement by USCIS.
1. Can I sum my husband 's income of last year and mine to meet the requirement?
2. Do we need a joint sponsor?
BTW, we got married recently and lived together less than 6 months.

Thanks for any possible help!!
 
indone said:
I would interpret.. that in case a person met the "right criteria"...which IMHO is the financial cut off level...then he/she could fill the 864 EZ and avoid the Notary.

What notary? I didn't see any mention of a notary in the 864 instructions? Am I missing something?

Also another question: my wife a full time student up to last year. Her W2 doesn't show much income for 2005, about $14,000. She now makes well over the requirement now and has paystubs for the past 6 months to show it. Do you think we should use th 864EZ or just fill out the full 864 and add my income to it as well just to make sure?

Thanks.
 
Hi,

As per my understanding, you can file EZ. She should be making enough encome at present. You just need current letter/pay stubs to prove that.

Yes you are right, there is no notary required now. This is new form after June 21.

Thanks
 
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